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Journal of Private and Commercial Law
Published by Universitas Negeri Semarang
ISSN : -     EISSN : 25990306     DOI : https://doi.org/10.15294/jpcl
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Journal of Private and Commercial Law (ISSN Print 2599-0314 ISSN 2599-0306 Online) is a scientific publication dedicated to the fields of Private and Commercial Law, as well as related disciplines. It was initiated by the Department of Private and Commercial Law, Faculty of Law at Universitas Negeri Semarang (UNNES), Indonesia. The primary objective of the journal is to facilitate scholarly and professional discussions on current legal developments in Indonesia. Additionally, it aims to showcase innovative legal research focusing on Indonesian laws and the legal system. To ensure accessibility to a global audience interested in Indonesian law discourse, the journal is exclusively published in English. The Journal of Private and Commercial Law warmly welcomes contributions from international legal scholars and professionals, as well as representatives from courts, executive authorities, and relevant agencies. By doing so, it seeks to foster a diverse and comprehensive exchange of ideas and insights in the field.
Arjuna Subject : Ilmu Pengambilan Keputusan (semua kategori) - Ilmu Pengambilan Keputusan (Lain-Lain)
Articles 31 Documents
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Accountability for Error in Procedendo in Bankruptcy Proceedings in Indonesia Julya Paulina Siburian; Duhita Driyah Suprapti; Anis Widyawati
Journal of Private and Commercial Law Vol. 9 No. 2 (2025): November, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v9i2.36770

Abstract

This study aims to comprehensively analyze the forms of maladministration that give rise to error in procedendo in the adjudication of bankruptcy cases in Indonesia, and to evaluate the extent to which the principles of accountability and procedural justice are implemented by commercial court judges. Employing a normative legal research method through statutory, case-based, and conceptual approaches, this study examines the Central Jakarta Commercial Court Decision No. 226/Pdt.Sus-PKPU/2023 and the Supreme Court Decision No. 1103 K/Pdt.Sus-Pailit/2024 as the primary bases of analysis. The findings reveal various forms of maladministration, including delays in the cassation process, violations of statutory deadlines, inaccuracies in determining the legal standing of creditors and debtors, and irregularities in the creditor-verification process. These procedural deviations significantly undermine the effectiveness of the principles of expeditious, simple, and low-cost proceedings as mandated by Law No. 37 of 2004. Based on Romzek and Dubnick’s theory of accountability, the study finds that legal and bureaucratic accountability tend to predominate, while professional and political accountability remain suboptimal. Through the lens of Tom R. Tyler’s theory of procedural justice, the research asserts that judicial non-compliance with procedural requirements adversely affects public trust and the perception of fairness in commercial court proceedings. Accordingly, this study recommends strengthening internal oversight mechanisms, enhancing the professional capacity of judges, and ensuring consistent adherence to procedural standards to promote legal certainty and justice in Indonesian bankruptcy proceedings.
Reevaluating Risk and Responsibility: Broader Implications of Construction Contract Regulations in Indonesia and Globally Yossica Ariatami Edwina; Putra Alfa Rizki; Varun Chhachhar; Phuvadech Rasamichai
Journal of Private and Commercial Law Vol. 9 No. 2 (2025): November, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v9i2.14110

Abstract

This article critically examines the evolving landscape of risk and responsibility in construction contract regulations, with a focus on Indonesia and broader global contexts. A construction project is inherently subject to various risks, which increase in proportion to the project's complexity. Discrepancies between planning and actual conditions often lead to unforeseen risks, placing significant responsibility on all parties involved. In Indonesia, regulatory frameworks such as the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata) and the Construction Law (Undang-Undang No. 2/2017) provide some guidance, but ambiguities surrounding risk management and contractor responsibility persist, often resulting in disputes, project delays, and inefficiencies. This research, using a normative juridical method with a statute approach, critically explores the division of risk burden (risk sharing) and the responsibilities of parties in construction contracts under both Indonesian laws and the guidelines of the International Federation of Consulting Engineers (FIDIC). The study also reviews risk allocation practices in other jurisdictions, such as the European Union, the United States, and the United Kingdom, to provide insights into varying approaches to risk management. The results indicate that parties involved in construction projects share an implicit obligation to collaborate in minimizing the negative consequences of unforeseen events. By categorizing risks according to their sources and types, a fair, balanced, and equitable risk-sharing framework can be achieved. This paper proposes the need for a redefined regulatory framework in Indonesia that integrates transparent accountability measures and collaborative risk management strategies, contributing to a more sustainable and efficient construction environment both domestically and globally.
Unveiling Curators’ Accountability in Inaccessible Bankruptcy Estates: Legal Hurdles and Debtor Defiance Wahyu Aji Susanto; Valerio Sebastian; Siti Aminatun Nasifah Ahmad Malik
Journal of Private and Commercial Law Vol. 9 No. 2 (2025): November, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v9i2.29092

Abstract

This article analyzes the critical role of curators in managing bankruptcy estates, with a particular focus on the challenges they face when debtors obstruct access to assets, hindering the insolvency process. Under Indonesia’s Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations, curators are authorized to access and manage the bankruptcy estate without debtor consent. However, in practice, curators often encounter resistance, such as being denied entry to business premises or access to essential documents. This obstruction not only complicates the curator's duties to inventory, secure, and liquidate assets but also poses significant risks to creditors' interests. Through a doctrinal research approach, this study examines the legal responsibilities and potential remedies available to curators when faced with debtor non-cooperation. The research highlights that while curators have substantial legal duties, their accountability should be assessed in proportion to the efforts made to overcome debtor resistance, such as reporting to the supervisory judge, seeking forced execution, and taking anticipatory actions against asset concealment. Furthermore, curators have access to several legal remedies, including coordination with supervisory judges, law enforcement intervention, and filing a lawsuit for asset cancellation (actio pauliana) in cases of fraudulent asset transfers. The article contributes to the discourse on insolvency law by proposing legal reforms to enhance curator authority and protect creditors’ rights. It argues for more robust enforcement mechanisms to ensure the efficiency and fairness of the bankruptcy process, offering valuable insights for legislators, legal practitioners, and scholars seeking to address the complexities of debtor non-cooperation.  
The Broken Bridge: Are Religious Courts Upholding the Promise of Post-Divorce Support for Women and Children in Indonesia? Ahsanul Fahmi; Arlo Benjamin Scott; Souad Ahmed Ezzerouali; Sergi Fernandez Alejandro
Journal of Private and Commercial Law Vol. 9 No. 2 (2025): November, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v9i2.34530

Abstract

Women and children occupy a distinct and vulnerable position within the Indonesian legal system, particularly in post-divorce situations. Although statutory provisions and Supreme Court regulations establish a normative foundation for protecting their rights, implementation remains inconsistent across judicial practices. This study examines the evolving role of the Religious Courts in ensuring the fulfillment of women’s and children’s rights after divorce. Using a normative juridical method with statute and conceptual approaches, the research explores the gap between legal norms and enforcement. Findings reveal that despite the limited number of divorce rulings explicitly addressing alimony, the Supreme Court has initiated significant reforms through Surat Edaran Mahkamah Agung (SEMA), strengthening judicial authority to defend vulnerable parties. Furthermore, innovative practices observed in the Religious Courts of Surabaya, Gresik, Bengkulu, and Bontang—such as salary deductions, digital monitoring systems, and inter-agency collaboration—demonstrate effective institutional interconnection in enforcing alimony. The novelty of this research lies in identifying an emergent model of cross-sectoral collaboration within the judiciary that bridges normative law and practical enforcement. Its primary contribution extends beyond the Indonesian context by offering an applicable framework for other jurisdictions facing similar challenges in the protection of women and children’s post-divorce rights. This study underscores that institutional synergy and digital governance can serve as globally relevant strategies for achieving sustainable legal protection and advancing social justice.
E-Commerce and M-Commerce Boom: The Urgent Need for Patent Law Reform in Indonesia Abdul Atsar; Nakzim Khalid Siddiq; Lalu Achmad Fathoni; Rina Apriani; Erika Putri Ramadhani
Journal of Private and Commercial Law Vol. 9 No. 2 (2025): November, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v9i2.37814

Abstract

The rapid expansion of e-commerce and mobile commerce (m-commerce) in Indonesia has transformed the business landscape, offering new opportunities but also presenting significant legal challenges. With the rise of digital platforms and mobile applications, intellectual property issues, particularly those related to patents, have become increasingly complex. Indonesia's current patent law, rooted in the Patent Law No. 13 of 2016, is struggling to keep pace with the fast-evolving nature of these industries. This study examines the urgent need for patent law reform in Indonesia to address the unique challenges posed by e-commerce and m-commerce innovations, including digital platforms, mobile applications, and software-based inventions. The article argues that the existing legal framework fails to adequately protect new technological advancements, leaving gaps that allow for patent disputes, weak enforcement, and a lack of clarity regarding patent eligibility in the digital economy. By analyzing key issues such as patentability criteria, infringement protection, and cross-jurisdictional patent enforcement, this study proposes targeted reforms to align Indonesia's patent law with international standards, particularly in jurisdictions with robust digital patent protection frameworks, such as the European Union and the United States. The contribution of this study lies in offering a comprehensive analysis of Indonesia's patent law in the context of e-commerce and m-commerce growth, advocating for a legal overhaul that fosters innovation, encourages investment, and ensures stronger protection for digital inventions. These reforms are essential for Indonesia to maintain its competitive edge in the global digital economy.
Redefining the Role of Sons in Mangulewa-Ngada Matrilineal Inheritance: A Sociolegal Reinterpretation of Tradition and Change Yosefina Daku; Afriansyah Tanjung; Kornelius Joseph Paga Meka; Arum Anggraeni Maulida
Journal of Private and Commercial Law Vol. 9 No. 2 (2025): November, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v9i2.38071

Abstract

This study investigates the evolving social and functional roles of sons within inheritance practices under the Mangulewa matrilineal system in Ngada Regency, East Nusa Tenggara. In this system, lineage and property rights are traditionally transmitted through the maternal line, positioning women as formal heirs to ancestral houses and family assets. Despite their exclusion from formal inheritance, sons retain significant cultural roles embedded in customary obligations and symbolic authority. This research aims to analyze how the roles of sons are conceptualized, negotiated, and reconstructed within the dynamics of contemporary Mangulewa society. The study employs a qualitative socio-legal approach grounded in a social constructivist paradigm, incorporating perspectives of legal pluralism and living law. Data were collected through in-depth interviews with traditional leaders, family heads, and community members, complemented by document analysis and direct observation of customary practices. The findings demonstrate that sons occupy strategic roles as protectors, mediators, and custodians of family dignity and ritual continuity, particularly in relation to the Ngadhu–Bhaga houses as central symbols of lineage identity. Their participation in marriage negotiations, ceremonial duties, and conflict resolution reflects a form of socially acknowledged yet informally constituted authority. At the same time, processes of modernization, migration, and increasing interaction with state legal systems have contributed to shifting interpretations of gender roles and inheritance claims. This study contributes to socio-legal scholarship by offering an empirically grounded account of how non-heir actors sustain and reshape matrilineal inheritance systems. It advances the discourse on legal pluralism by demonstrating that inheritance practices are not solely determined by formal entitlement but are continuously reconstructed through cultural negotiation, thereby highlighting the adaptive capacity of customary law in responding to social change.
Transforming Transportation Law: Consumer Protection and Law Enforcement at PT. Pos Indonesia Arikha Saputra; Budi Santoso; Budi Ispiyarso; Adi Suliantoro; Fitka Andraini
Journal of Private and Commercial Law Vol. 10 No. 1 (2026): May, 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v10i1.39841

Abstract

This research examines changes in the legal landscape in the freight transportation sector at PT. Pos Indonesia, particularly in terms of protecting consumers and enforcing laws related to damaged, lost, or delayed shipments. The research background is based on the rapid development of digital technology and e-commerce, which are driving changes in the freight transportation industry. This has prompted PT. Pos Indonesia to adapt its service systems and existing regulations to protect consumer rights. The research method used is a normative juridical approach, referring to laws and legal concepts. This approach aims to understand the applicable regulations and legal principles underlying consumer protection in the freight transportation sector. The results of the study indicate that although PT. Pos Indonesia has implemented several digital innovations to improve service efficiency, significant challenges remain in law enforcement, particularly in the consumer claims process. The complicated claims process and lack of transparency in procedures are major obstacles to providing adequate protection to consumers. Therefore, regulatory improvements are needed to better align with technological developments, as well as the development of a faster and more transparent claims system. This research also provides policy recommendations to strengthen shipping insurance and improve consumer education about their rights to optimize legal protection. These reforms are expected to improve consumer protection in the freight sector and strengthen customer trust.
Regulatory Framework and Implementation Gap: Determinants of Micro Waqf Bank Establishment in Banten Province, Indonesia MUHAMAD FAUZI; Royani; Iwan Agustiawan Fuad; Ahkmad Syafiudin; Ssonko Muhammedi
Journal of Private and Commercial Law Vol. 10 No. 1 (2026): May, 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v10i1.41587

Abstract

Micro Waqf Banks (MWBs) emerged in Indonesia in 2018 as Islamic microfinance institutions regulated under Law No. 1 of 2013 and OJK Regulation (POJK) No. 41 of 2024. Despite robust regulatory frameworks, implementation gaps persist between legislative intent and field reality in MWB establishment. This empirical legal research employs a qualitative methodology, with Analytic Network Process (ANP) analysis, to examine the determinants of successful MWB establishment in Banten Province, Indonesia, and to highlight discrepancies in regulatory implementation.  Nine expert informants from regulatory bodies (OJK, BWI), Islamic banking practitioners (BSI Maslahat), academics, and MWB operators participated via snowball sampling. Findings reveal that motivation (spiritual-economic drive) dominates establishment success, with a weight of 0.80, vastly exceeding the influence of regulatory support, technical capacity, infrastructure, human resources, trust, and assessment factors (each ~0.03-0.04). The study identifies four critical regulatory gaps: (1) absence of enforcement mechanisms linking founding motivation to operational sustainability; (2) insufficient normative clarity on nazir (trustee) accountability structures; (3) disconnection between policy objectives and institutional capacity requirements; and (4) lack of post-establishment motivation monitoring protocols. These gaps explain suboptimal MWB performance despite favourable legislation. The research demonstrates that while regulatory frameworks establish the legal foundations for MWB operations, the success of policy implementation fundamentally depends on stakeholder motivation rather than on structural-technical factors alone. This mismatch reveals a compliance deficit in Indonesia's Islamic finance regulatory architecture. Implications address both legal policy design and institutional enforcement mechanisms to bridge the motivation-structure asymmetry in Islamic microfinance governance. The study further evaluates the extent to which MWB practices comply with existing regulatory frameworks, revealing a distinction between formal compliance and substantive regulatory effectiveness.
Why Hasn't Indonesia Ratified The Hague System? What's The Problem? Mohammad Reza Fachruddin; Dewi Sulistianingsih; Rodiyah; Fakhrana Nabila Atiqawati; Lisa Amalia
Journal of Private and Commercial Law Vol. 10 No. 1 (2026): May, 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v10i1.44262

Abstract

Despite its membership in key international intellectual property (IP) agreements, Indonesia has not yet acceded to the Hague System for the International Registration of Industrial Designs. This article employs a doctrinal, principle-based legal analysis to examine the alignment of Indonesia’s industrial design regime, particularly Law No. 31 of 2000, with international standards under the TRIPS Agreement, the Paris Convention, and the Geneva Act of 1999. The study analyses statutory provisions, international instruments, and case law, and is complemented by a comparative overview of jurisdictions such as Japan, Singapore, the Republic of Korea, and Viet Nam that have already joined the Hague System. The findings reveal persistent structural issues in the Indonesian framework, including ambiguity in the novelty requirement, overlapping protection between industrial designs, copyright, and three-dimensional trademarks, as well as limited substantive examination and territorial fragmentation of protection. These legal and administrative constraints hinder the effective use of an international registration system, even though the Hague System offers procedural efficiency, cost reduction, and broader market access for designers. The article argues that targeted legislative reform and regulatory harmonization are essential preconditions for accession and contends that such reforms would enhance legal certainty, strengthen design protection, and improve Indonesia’s competitiveness in the global creative economy.
Maintaining Financial Sector Integrity: Integrating Sustainable Finance into Financial Regulation Kukuh Komandoko Hadiwidjojo; Mikha Detalim; Mahadi Abdullah; Fayez Ghazi Mutasim Adesta
Journal of Private and Commercial Law Vol. 10 No. 1 (2026): May, 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v10i1.45061

Abstract

This article invetigates whether the integration of sustainable finance into the Indonesian financial regulatory framework aligns with established principles of financial regulation and whether such integration strengthens or potentially undermines financial sector integrity. This study assesses Indonesia’s sustainable finance framework through a normative legal research approach. The study applies indicators derived from the principles of financial regulation, namely prudential risk integration, transparency and disclosure reliability, market integrity, supervisory effectiveness, and enforceability of sustainability-related obligations. Sustainable finance aims to incorporate environmental and social risks, especially those related to climate, into financial decision-making, but its regulatory implementation prompts significant inquiries about prudence, transparency, market integrity, and public confidence.  The research indicates that Indonesia's sustainable finance governance faces three critical challenges: legitimacy risks stemming from vague green product classifications that enable greenwashing and erode trust, reputational risks caused by a lack of rigorous verification and mispricing concerns. Additional shortcomings include weak verification mechanisms for sustainability claims and the risk of symbolic compliance without substantive integration into prudential supervision. The research further finds that sustainable finance has a dual nature: when firmly rooted in legal authority, incorporated into prudential oversight, backed by uniform disclosure frameworks, and upheld through reliable supervisory systems, it boosts systemic resilience and strengthens regulatory legitimacy. On the other hand, disjointed execution, lax verification criteria, symbolic compliance, and inadequate enforcement can lead to greenwashing, regulatory arbitrage, mispricing, and reputational spillover, thereby threatening reputation of financial sector. The research finds that the effectiveness of sustainable finance in Indonesia relies on careful regulatory frameworks, strong institutional capabilities, and efficient enforcement to maintain the integrity of the financial sector.

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